Supply of substandard material by SICOP
Excelsior Correspondent
SRINAGAR, Nov 19: High Court today dismissed the petition seeking quashing of proceedings of a charge-sheet for supplying of sub standard steel trusses by SICOP through a firm used in various school buildings in district Anantnag
The petitioners were seeking quashment of charge sheet (Challan) filed in terms of Section 173 of the Code of Criminal Procedure in case bearing FIR No.01/2007 registered at Police Station, VOK before the Court of Special Judge, Anti-Corruption, Anantnag.
Justice Ali Mohammad Magrey in view of the facts and circumstances of the case and after hearing petitioners counsel as also the counsel appearing for Anti Corruption Bureau, said the petition lacks merit and as such dismissed along with all applications. It recorded that the Courts should refrain from making prima facie decision at interlocutory stage when the entire facts of the case are incomplete, hazy and, more so, when the material evidence is yet to be collected and issues involved could not be seen in their true and correct perspective.
It was in January, 2007, an FIR, bearing No. 01/2007, came to be registered by the Police Station, VOK (ACB) alleging therein that sub-standard steel trusses had been used in the school buildings of various blocks of district Anantnag.
The FIR further alleged that the works have been undertaken by the J&K SICOP through Unit holder, M/s Gousia Steel Industries, and that factually incorrect certificates had been issued on the basis of which release of payment has been made in respect of poor quality and under specification trusses.
It was also stated in the FIR that satisfaction regarding quality/ specification of the material has not been made in connivance with the SICOP authorities and the unit holder, M/s Gousia Steel Industries and payments released, thereby leading to commission of offence under the provisions of the Prevention of Corruption Act.
The petitioners stated before the High Court that on the basis of the aforesaid complaint, without conducting any preliminary investigation, the FIR was registered and, subsequently, on extraneous considerations and without having any regard to the fact that such works have been done in the same manner in the entire Jammu and Kashmir, only a few places were identified and the petitioners herein made scapegoats.
It was pleaded that no action was taken against such officers who were actually involved for the allotment of work and release of the payment and other certificates, but only the petitioners were booked under the aforesaid FIR.
Court further added that it is not proper to scuttle away the investigation at its threshold stage and that if the FIR/ Challan discloses the commission of offences, the High Court should not interfere with the investigation which would amount to stalling the investigation and jurisdiction of statutory authorities to exercise powers in accordance with the provisions of the Code.
“In the instant case, keeping in view the allegations contained in the Challan, it can, by no stretch of imagination, be said that the case of the present petitioners falls within the ambit/contours of Section 173 of the Code, as enumerated above”, read the judgment.
Court while referring the various rulings of Supreme Court on the subject said the power under Section 173 of the Code is to be exercised cautiously, carefully and sparingly and that the Court has not to function as a Court of appeal or revision.
“This Court has to only ascertain as to whether the allegations made in the Challan/ FIR do or do not disclose the commission of offences and, if it does, then it cannot be quashed at the threshold stage”, Justice Magrey said.
Follow our WhatsApp channel